Legal Opinion

Van Deusen v. . Rowley

New York Court of Appeals

Decided June 5, 1853PublishedCited by 5 opinions

This was an appeal from a decree of the supreme court in the second judicial district, affirming a decree of the surrogate of Columbia county, requiring the administrators of William. Rowley to account for twenty shares of the stock of the Farmers’ Bank of Hudson which had been transferred by their intestate to Levi Rowley, one of the administrators, seven days before death. William Rowley died of delirium on the sixteenth day of July, 1840, without leaving a will.

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This was an appeal from a decree of the supreme court in the second judicial district, affirming a decree of the surrogate of Columbia county, requiring the administrators of William. Rowley to account for twenty shares of the stock of the Farmers’ Bank of Hudson which had been transferred by their intestate to Levi Rowley, one of the administrators, seven days before death. William Rowley died of delirium on the sixteenth day of July, 1840, without leaving a will. There was testimony to show that, for some time prior to his death he had been unwell, and was not in a condition to transact…

1Opinion of the Court

The only question in this case is, whether, the surrogate erred in determining that Levi Rowley, the son of the intestate, Wm. Rowley, was not entitled to twenty shares of the stock of the Bank of Hudson, but that the same was the property of the estate and properly chargeable to such, as the administrators.

Eight or nine days before the death of the intestate he executed the following instrument:

For value received, I, William Rowley, do hereby transfer to Levi Rowley, twenty shares in the capital stock of the Farmers' Bank of Hudson in the city of Hudson, standing on the books of said bank in…

2Cited by5 opinions

  1. Wilson v. FackrellIdaho Supreme Court · 1934
  2. Vandermark v. VandermarkNew York Supreme Court · 1878
  3. In re the Judicial Settlement of the Accounts of DunnNew York Surrogate's Court · 1887
  4. Orth v. KaescheAppellate Division of the Supreme Court of the State of New York · 1914
  5. Van Deusen v. RowleyNew York Court of Appeals · 1853

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